1. Leave granted.

2. The common question that arises for consideration in these appeals is whether a company and its Directors can be proceeded against for having committed an offence under S.138 of the Negotiable Instruments Act, 1881 (for short'the NI Act') after the company has been declared sick under the provisions of The Sick Industrial Companies (Special Provisions) Act, 1985 (for short'SICA') before the expiry of the period for payment of the cheque amount. The answer to the question depends on interpretation of S.138 of the NI Act and its interaction with the relevant provisions of SICA. Since the relevant facts involved in all the cases are similar and a common question of law arises in all the cases they were heard together and they are being disposed of by this judgment.

3. The factual positions about which there is no dispute may be stated thus: Post-dated cheques were issued on behalf of the company in favour of the complainant in course of business of the company. When the complainant presented the cheques in the bank they were returned without payment. Then the complainant issued notice to the company and/or its Directors stating the facts of dishonour of